Romanelli v. Associated Marble Industry, Inc.

Appellate Division of the Supreme Court of New York

Romanelli v. Associated Marble Industry, Inc.

56 A.D.2d 864, 392 N.Y.S.2d 475, 1977 N.Y. App. Div. LEXIS 11221

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 14, 1977

StatusPublished

This text of 56 A.D.2d 864 (Romanelli v. Associated Marble Industry, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Romanelli v. Associated Marble Industry, Inc., 56 A.D.2d 864, 392 N.Y.S.2d 475, 1977 N.Y. App. Div. LEXIS 11221 (N.Y. Ct. App. 1977).

Pincite

Opinion

In an action on a contract, plaintiff appeals from so much of a judgment of the Supreme Court, Nassau County, entered December 10, 1974, as is in favor of defendants, after a nonjury trial. Judgment affirmed insofar as appealed from, with costs. The agreement between the parties was ambiguous as to whether interest at the rate of 10% should be calculated only on the principal, or on the principal plus the previously accumulated interest. Parol evidence was properly admissible because of this ambiguity. The parol evidence was entirely consistent with the written agreement and supportive of that construction urged by the defendants. Martuscello, Acting P. J., Cohalan, Rabin and Mollen, JJ., concur.

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In an action on a contract, plaintiff appeals from so much of a judgment of the Supreme Court, Nassau County, entered December 10, 1974, as is in favor of defendants, after a nonjury trial. Judgment affirmed insofar as appealed from, with costs. The agreement between the parties was ambiguous as to whether interest at the rate of 10% should be calculated only on the principal, or on the principal plus the previously accumulated interest. Parol evidence was properly admissible because of this ambiguity. The parol evidence was entirely consistent with the written agreement and supportive of that construction urged by the defendants. Martuscello, Acting P. J., Cohalan, Rabin and Mollen, JJ., concur.

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Bluebook (online)

56 A.D.2d 864, 392 N.Y.S.2d 475, 1977 N.Y. App. Div. LEXIS 11221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/romanelli-v-associated-marble-industry-inc-nyappdiv-1977.